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Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution
Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to pay ordered restitution.” Colasuonno filed for Chapter 7 bankruptcy following his initial sentencing, then argued ...
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More from this issue:
- The Too-Many Prisoners Dilemma, by Dan Froomkin
- From the Editor, by Paul Wright
- Texas Judges Rarely Disciplined, Seldom Publicly, by Matthew Clarke
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- The Real Costs of Incarceration in the United States
- Attorney Fees Not Exempt from Disclosure Under California Public Records Act
- PLN Files Censorship Suit Against Nevada DOC
- Traumatic Brain Injury Rate High Among Prisoners, by Matthew Clarke
- Debtors' Prisons Returning to America, by David Reutter
- Hell on Earth: Sexual Victimization of the Criminally Insane, by David Rosen
- China Vows to Finance Incarceration with Public Funds, Not Prison Profits
- Oregon Considers Subsidizing Prison Medical Costs Through Medicaid
- PLN Challenges Postcard-only Policy at Tennessee Jail
- Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense
- Texas Prison Population Drops but Savings Evaporate, by Matthew Clarke
- Federal Prisoners Paid During Government Shutdown, but Not Prison Guards, by Derek Gilna
- Minnesota Judge Condemns System that Jails Mentally Ill
- GEO Group Pulls out of Mississippi Prisons, by David Reutter
- Gun Found in Segregation Cell at Privately-operated Mississippi Prison
- New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges
- New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions
- New Hampshire Supreme Court Revives Prisoner's Negligence Action
- Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America, by Christopher Zoukis
- Prisoners in Texas Jail Providing Less Slave Labor
- Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution, by Derek Gilna
- Third Circuit Reverses More Stringent Conditions of Supervised Release, by Derek Gilna
- Best Criminal Defense Pleading Ever!, by Alex Friedmann
- Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout
- California: No-Gang-Contact Probation Condition Struck Down
- Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges, by Christopher Zoukis
- Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release, by Derek Gilna
- Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction
- U.S. Department of Justice Reports Statistics on State Prosecutors, by Matthew Clarke
- California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date
- Philippines Prison Suspends Thriller Dancers
- California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned
- ICE Directive May Limit Solitary Confinement of Immigrant Detainees, by Derek Gilna
- Denial of Contraceptive Pill to Prisoner States Cause of Action
- Anonymous PREA Hotlines Not So Anonymous
- Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles
- D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal, by Derek Gilna
- Audit Reveals Federal Prison Industries Faces Declining Revenue, Job Losses, by Derek Gilna
- Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner
- Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit, by Derek Gilna
- Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners, by Derek Gilna
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024. Money/Property, Seizure of Prisoner Funds.
- $4 Million Settlement in Class Action Challenging Unconstitutional Conditions at West Virginia Jail, July 1, 2024. Wexford Health Services, Primecare Medical, Totality of Conditions, Jail Specific, Bankruptcy.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Texas Bankruptcy Court Rejects Proposed Settlement of Prisoner Claims Against Corizon Health, June 1, 2024. Corizon, Malpractice, Damages, Bankruptcy.
- Bankruptcy Threatens $500,000 Settlement in Suit Alleging Housing Discrimination Against Former Prisoners in New York City, June 1, 2024. Bankruptcy, housing.
- Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo, May 1, 2024. Police Misconduct, Money/Property, Seizure of Prisoner Funds, Commissary, Police/Govt Misconduct.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator, Jan. 1, 2024. Corizon, Judicial Misconduct, Attorney Misconduct, Bankruptcy, Appearance of Justice/Impartiality.
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, June 15, 2023. Money/Property, Digital Devices, Drug-Tainted Currency.
- Missouri Senior Citizen Jailed Three Days After Letting Dog Off Leash, April 27, 2023. Restitution, Ability to Pay.